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{
    "id": 523349,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/523349/?format=api",
    "text_counter": 182,
    "type": "speech",
    "speaker_name": "Hon. Wakhungu",
    "speaker_title": "",
    "speaker": {
        "id": 1889,
        "legal_name": "Chrisantus Wamalwa Wakhungu",
        "slug": "chrisantus-wamalwa-wakhungu"
    },
    "content": "of the engineers. When it is procurement related to medicine, let us have the input of the association of medical practitioners as opposed to having a standard one which cannot cut across. Clause 74 talks about the amendment of the tender documents. This is another room for corruption because after the procurement documents are out, they bring an addendum after some time. It is in that addendum that we have a problem. Clause 74 states that in case of any amendment, it should not change the original tender materially. What is “materially”? This is at the discretion of the Procurement Committee and it is likely to be abused. There must be a clear outline because when we leave it hanging like that, you cannot measure that. When we move to the Committee of the whole House, we need to bring an amendment that will clearly bring that measurability of this word “materially” because the way it has been used here, it can actually be abused. We have seen many organizations after some time, in fact, even before going beyond one-third of the period, bringing those addenda to try and change almost the entire tender process and thus become a disadvantage to some of the people who are bidding. They will only give full disclosure to some of those bids that they have connections. Therefore, I have a big issue when it comes to Clause 74. My colleagues have mentioned something about the Board. Indeed, we cannot accept that the Board constituting of three people will make a quorum. We had an issue during the scandals in NSSF where some few selected people came and sat. They did it intentionally to isolate the Central Organization of Trade Unions (COTU) and the Federation of Kenya Employers (FKE). So, when we have such dangerous clauses of providing for only three members to form a quorum, we are likely to have that problem. When this Bill comes to the Committee of the whole House, I will propose some amendments so that at least, we can have 50 per cent plus one. That is because a number of three is on the lower side and bearing in mind the critical issue---"
}